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Walking criteria but not distance or time related
- Jammacat
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6 years 2 months ago #206937 by Jammacat
Walking criteria but not distance or time related was created by Jammacat
Hi Gordon thanks for you previous help. I havent yet got the courage to ask for my report but I think this question might be holding me back.
I have a neurological tonic muscle which means most of my day is spent regularly layed down on my left side to try to counteract the deformity the muscular contortion makes. Sitting or standing during these times is impossible as I cant hold up the torso due to muscle fatigue and pain. I spend the majority of the day and evening in this position. There is a little time mid morning I can be ok to walk. My gait is odd and it can become uncomfortable within varying amounts of time. However my point is that I cant walk most of the day because my back and hip are just too tight and fatigued.
How does that fit in with the walking criteria distance or time please because it doesnt seem to fit my situation at all.
Are there and other examples of this in case law perhaps that you are aware of?
Thanks for all your help. It was not taken on board at my assessment.
I have a neurological tonic muscle which means most of my day is spent regularly layed down on my left side to try to counteract the deformity the muscular contortion makes. Sitting or standing during these times is impossible as I cant hold up the torso due to muscle fatigue and pain. I spend the majority of the day and evening in this position. There is a little time mid morning I can be ok to walk. My gait is odd and it can become uncomfortable within varying amounts of time. However my point is that I cant walk most of the day because my back and hip are just too tight and fatigued.
How does that fit in with the walking criteria distance or time please because it doesnt seem to fit my situation at all.
Are there and other examples of this in case law perhaps that you are aware of?
Thanks for all your help. It was not taken on board at my assessment.
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6 years 1 month ago #206991 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Walking criteria but not distance or time related
Jammacat
You need to find a way to bring your problems back to the criteria against which you will be assessed.
So the Moving Around activity looks at your ability to stand and then move, with or without aids and it is all about the distance.
So from your post there appears t be a portion of the day where you cannot do this followed by at least part of the day when you can but are restricted, so break your day down into how your are effected and for how long.
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
If you walk slowly then it must take you at least twice the time to cover the distance as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
Gordon
You need to find a way to bring your problems back to the criteria against which you will be assessed.
So the Moving Around activity looks at your ability to stand and then move, with or without aids and it is all about the distance.
So from your post there appears t be a portion of the day where you cannot do this followed by at least part of the day when you can but are restricted, so break your day down into how your are effected and for how long.
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
If you walk slowly then it must take you at least twice the time to cover the distance as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jammacat
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